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AN HIV positive minibus driver of Ndola whose wife insisted on using condoms whenever they engage in sexual relations has asked the court to dissolve their seven-year old marriage.
Justin Bwalya of Lubuto township said because of his wife Eunice Phiri being unresponsive to his sexual demands; he started denying her conjugal rights for six months.
Bwalya, 40, and his wife Eunice were in the Kabushi Local Court where they disclosed that they got married in 2008 after eloping. But no bride price was paid. The couple has two children together.
Bwalya told senior Local Court presiding magistrates Sera Bwalya, Besa Mushibwe and Mildred Naminze that problems in his marriage began in 2011 after his wife started insisting on the use of condoms each time they had sexual relations.
The situation led to the couple separating. They have since been on separation for four years.
“I want a divorce because she refuses to have unprotected sexual relations with me. This has led to unnecessary fights in our marriage because she always provokes me. My fear is that I might hit her,” Bwalya said.
However, Phiri accused Bwalya of infecting her with HIV because of his promiscuous behaviour. She wondered why Bwalya insists on unprotected sex and demands she conceives when their doctor advised them to use precaution each time they are intimate.
“He refuses to use a condom because he says having protected sexual relations is like taking a shower wearing a raincoat,” she said.
Phiri also said Bwalya was an abusive man who was in a habit of breaking their household goods when upset.
Divorce was granted after the court noted that the couple has been on separation for four years.
Bwalya was ordered to pay Phiri K10,000 as compensation in installments of K400 monthly with an initial installment of K1,500.
